1700870 (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of a student visa holder whose visa was cancelled due to a breach of visa conditions. The applicant, who had held multiple subclass 572 visas, sought to have the cancellation decision set aside. The applicant argued that they had completed their courses, acquired skills relevant to their career aspirations, and that their use of the visa program was not solely for the purpose of maintaining residency.

The primary legal issue before the Tribunal was whether the applicant had breached the conditions of their student visa, specifically concerning their enrolment and course completion. The Tribunal was also required to determine whether the cancellation decision was a correct and preferable one in all the circumstances, considering the applicant's submissions regarding their intentions and achievements. The Tribunal also noted that secondary applicants for the visa subclass in question were subject to automatic cancellation, and that the Tribunal lacked jurisdiction to review such automatic cancellations.

In its reasoning, the Tribunal found that the applicant had indeed breached the conditions of their visa by failing to maintain enrolment and satisfactory course progress. The Tribunal applied the principles of the *Migration Act 1958* (Cth) and relevant regulations, which mandate compliance with visa conditions for the continued validity of a student visa. The Tribunal was not persuaded by the applicant's arguments that their actions were justified or that their overall purpose in Australia was solely for study, finding instead that the evidence indicated a pattern of non-compliance.

The Tribunal affirmed the decision to cancel the applicant's visa.